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illegal entry as an inadmissibility ground
- Thread starter usa2002
- Start date
rik-tik-tak
Registered Users (C)
In the I-485 instructions is very clear:
You are not eligible to apply for AOS if you entered illegaly, unless you are applying under category where special rules apply (asylee, haitian refugee, etc)
Illegal entry is ground of inadmissibility. INA is the best place to verify this.
Cheers
You are not eligible to apply for AOS if you entered illegaly, unless you are applying under category where special rules apply (asylee, haitian refugee, etc)
Illegal entry is ground of inadmissibility. INA is the best place to verify this.
Cheers
rik-tik-tak
Registered Users (C)
Only if BCIS ask for it.
You don't want to poke I-602 into their eyes and give them a chance to do something nasty to you. Also I assume you have asylee status, which make this ground irrelevant. But again the BCIS employee handling your case has to know or be trainned to recognize this. With all these employment-based officers handling asylees cases, the chance is some dump "ASS" will cause such troubles.
Cheers
You don't want to poke I-602 into their eyes and give them a chance to do something nasty to you. Also I assume you have asylee status, which make this ground irrelevant. But again the BCIS employee handling your case has to know or be trainned to recognize this. With all these employment-based officers handling asylees cases, the chance is some dump "ASS" will cause such troubles.
Cheers
This is a very good question in regard to asylees. Read literally, the law says that illegal entry (or entry without inspection, in BCIS lingo) is an inadmissible ground. There is, however, serious doubt as to if Congress really meant to apply this provision to people in asylee status. Various officers are saying different things--some say they will be sticklers while others say they will read the law liberally. Applicants have been asked to submit an EWI waiver. This issue needs to be resolved by senior BCIS mangament at some point, in my view.
However, it appears that they are granting I-602 waivers liberally. If that is indeed the case, then whether this provision applies has no practical effect.
However, it appears that they are granting I-602 waivers liberally. If that is indeed the case, then whether this provision applies has no practical effect.